Court : Andhra Pradesh
..... cases, which were referred to by the supreme court, directions were given on the facts of each case and considered the fact that the provisions of the act dealing with insurance and payment of compensation are beneficial in nature".. in paragraph 81 of swaran singh (supra), it was observed that right to avoid liability in ..... that interest of justice would be sub-served in giving such a direction to pay and recover having regard to the scope and purport of section 168 of the mv act,1988. xvii) in another judgment of two judges bench in national insurance company limited vs. parvathneni & another15, the apex court doubted the correctness of the directions ..... the respondent nos.1 and 2 are jointly and severally liable to pay the compensation in the claim petitions under section 166 of the motor vehicle act, 1988 (for short, 'the act').3. heard sri ravishankar jandhyala, the learned standing counsel for the appellant-2nd respondent (insurer) of the lorry gj9 3768 belongs to the claim petition .....
Tag this Judgment!Court : Andhra Pradesh
..... whether the said land falls within the notified area restricting inalienability as per the notification issued under section 58-a of the telangana area land revenue act; (c) whether act no.9 of 1977 applies to the nature of occupancy right/assignment granted; (d) if any changes in the revenue records are effected, reasons ..... the estate in respect of which they consider that he is prima facie entitled to a ryotwari patta under the proviso to section 3 of the act. the act envisaged appointment of functionaries such as director of settlements, settlement officers, managers of estates etc., and gave control to the board of revenue inter ..... supplementary sethwar, wasool baqui register, khasra pahani (prepared under the land census 1954 under the provisions of the a.p. (telangana area) tenancy and agricultural lands act, 1950), pahani, chowfasla and faisal patti constitute the core revenue record. after integration of records of both the andhra and telangana areas, the following constitute the .....
Tag this Judgment!Court : Andhra Pradesh
..... no doubt that the amendment made in the first schedule to the code of criminal procedure, 1973 by the code of criminal procedure (andhra pradesh second amendment) act, 1992, shall prevail in the state of andhra pradesh, notwithstanding the fact that in the criminal procedure code, 1973 offences under section 494 and 495 are treated as ..... the purpose of section 198 of the criminal procedure code. section 198(1)(c), after the amendment made by the code of criminal procedure(andhra pradesh second amendment) act, 1992 cannot be interpreted in isolation without referring to the fact that offences under sections 494 and 495 ipc have been made cognizable so far as the ..... the de-facto complainant while verifying and searching the sarees of her daughter, found a letter written by her daughter containing 17 pages wherein the illegal acts of the first petitioner were mentioned. the allegations made in the complaint and the charge sheet, would prima facie, constitute the offences alleged to have .....
Tag this Judgment!Court : Andhra Pradesh
..... retroactive operation, if power in this behalf is contained in the main act. the rule-making power is a species of delegated legislation. a delegate, therefore, can make rules only within the four corners thereof. no statute or ..... in g.o.ms.no.390 dated 18.06.2012, it must be borne in mind that statutory rules are, ordinarily, prospective unless the parent act confers power on the rule making authority, either explicitly or by necessary implication, to make rules retrospectively. a subordinate legislation can be given retrospective effect and ..... lakhs during the year 2012-2013. in its counter affidavit, the andhra pradesh beverages corporation limited (apbcl) would submit that it was incorporated under the companies act, 1956 on 23.07.1986 with the object of manufacturing, purchasing, importing, exporting alcohol and all other beverages suitable for human consumption; under rule 4 of .....
Tag this Judgment!Court : Andhra Pradesh
..... additional public prosecutor, on the other hand, submits that the prosecution adduced voluminous oral and documentary evidence, which clearly establishes that the accused committed the most barbaric act of killing six persons and causing injuries to as many as nine people. she contends that the evidence of the injured witnesses and the eye-witnesses is consistent and ..... just three months after the murder of the brother of a.1. the evidence on record shows that the accused have lost all their sense of discretion and acted in a most beastly manner and caused the death of six persons and injuries to the nine witnesses.22. in addition to the injured prosecution witnesses, there ..... marked as exs.d.1 to d.7. the witnesses remained unshaken and have categorically asserted that they have seen a.1 to a.4 indulging in the acts of manslaughter.31. learned counsel for the accused submits that the identification of the accused, made by the prosecution witnesses cannot be believed for the reason that they .....
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..... and nagappa v gurudayal singh5 that compensation which appears to it to be just, has to be assessed and awarded by the tribunal set up under section 166 of the act. the expression 'just compensation' has been explained in sarla verma`s case (4thcited supra) holding that the compensation awarded by the tribunal does not become just compensation merely because the .....
Tag this Judgment!Court : Andhra Pradesh
..... for the petitioner has strenuously contended that the punishment of either compulsory retirement or voluntary retirement is not an enumerated punishment under schedule v of the industrial disputes act, 1947, or under the certified standing orders, and, as such, the punishment imposed by the labour court is beyond its jurisdiction. in support of the ..... suppression of the material fact being an unenumerated misconduct, their lordships have held that unless either in the certified standing order or in the service regulations an act or omission is prescribed as misconduct, it is not open to the employer to fish out some conduct as misconduct and punish the workman even though the ..... that, (scc p. 614, para 9) (i) the workman is holding the position of trust and confidence; (ii) by abusing such position, he commits an act which results in forfeiting the same; and (iii) to continue him in service/establishment would be embarrassing and inconvenient to the employer, or would be detrimental to the .....
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..... or undue interference with the discretion of the respondent management?. the departmental proceeding is a quasi-judicial one. although the provisions of the evidence act are not applicable in the said proceeding, principles of natural justice are required to be complied with. the courts exercising power of judicial ..... disciplinary authority felt it appropriate to inflict a punishment of lowering three annual increments. to sustain the allegation that the disciplinary authority has not acted independently, the petitioner obtained from the management copies of the correspondence between the disciplinary authority and cvo. with specific reference to them, the ..... 04.02.2001. taking this court through the entire material on record, the petitioner has strenuously contended that the disciplinary authority has not acted independently while imposing the punishment but was totally controlled by the vigilance authorities who dictated to the disciplinary authorities what punishment should be imposed .....
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..... the object is clearly laid down. in addition thereto, objects of the enactment of 1998 may be referred to. it appears that the object of act 1998 is to provide for the constitution of an electricity regulatory commission, restructuring of the electricity industry, rationalization of the generation, transmission, distribution and ..... are both assigned to the commission. these functions of the commission are adjudicatory, advisory and legislative. the powers and functions under section 178 of act 2003, which deal with making of regulations, confer wide power to the commission to frame regulations. in the premises, the contention that the functions ..... 2004 being delegated piece of legislation/quasi legislative order cannot be given retrospective effect in the absence of statutory provision in the principal statute namely, electricity act, 2003 authorizing the delegate to make a statutory rule with retrospective effect. in support of this contention, the following decisions have been relied on. .....
Tag this Judgment!Court : Andhra Pradesh
..... financial interests could be affected by the decisions they take. they are also likely to have wide discretionary powers giving them the opportunity to profit from corrupt acts. 40. before examining the submission made both by the learned additional advocate general, and sri c. padmanabha reddy, learned senior counsel, that members of ..... agency would establish the illegal activities of the fourth respondent and his family members; an enquiry was necessary to ascertain whether the said two individuals were acting as fronts of corrupt public servants, and were holding these properties as benamies; the fourth respondent was desperately trying to avoid an enquiry into such ..... a well settled principle or doctrine which applies only to the construction of ambiguous language in old statutes, (baktawar singh bal kishan v. union of india (1988) 2 scc 293),but not to interpreting acts which are comparatively modern.(senior electric inspector v. laxmi narayan chopra air 1962 sc 159; j.k. cotton spg. .....
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